Murderer to be Tried as a Juvenile Years After Conviction Under Proposition 57

MyNewsLA has this story on Kevin Orellana, an 18-year-old who was murdered by two brothers in 2013 while playing handball at Reseda’s Cleveland High School. Orellana was approached by Anthony and Michael Carpio, both identified as gang members. Michael was hitting and fighting Orellana when Anthony began stabbing him as a gang challenge. Anthony, who was 16-years-old at the time stabbed Orellana 10 times in his head and neck, from behind, leading to his death.

Anthony was sentenced to 16 years to life in prison.  But after passage of Jerry Brown’s Proposition 57 in 2016, Anthony’s attorney was able to petition to have his sentence reconsidered and determine if he should have been tried as a juvenile rather than an adult. Judge Martin Herscovitz, who presided over the trial originally transferred the Anthony’s petition to juvenile court without a formal hearing.  Anthony is already 25 years old, and therefore could be released from incarceration at the conclusion of the hearing as the Division of Juvenile Justice cannot not hold anyone past 25 years old.  

Kathy Cady, a retired District Attorney has made the following statements regarding how the Orellana’s family feels about the possible release, “This whole process has left the entire family feeling like no one has their back, and the criminal justice system has forgotten them. They just feel very abandoned.” LADA George Gascón’s recent policy that no juveniles are to be tried as adults lends support to the murderer being released, rather than considering the victim’s family and potential for harm that may come to others.